KDH Consulting Group LLC v. Iterative Capital Management L.P. et al
| KDH Consulting Group LLC |
| Iterative Capital GP, LLC, Iterative Capital Management L.P., Christopher Dannen, Brandon Buchanan, Iterative OTC, LLC, Iterative Mining, LLC and Iterative OTC, LLC doing business as "12 Trading" and "Escher" |
| 1:2020cv03274 |
| April 27, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Victor Marrero |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
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Filing 81
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, KDH Consulting Group LLC.Raphael Janove State Bar No. 5302443 as counsel of record in place of Rika Khurdayan. So Ordered. (Signed by Judge Victor Marrero on 6/14/2021) (js)
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Filing 80
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY; Notice is hereby given that, subject to approval by the Court, KDH Consulting Group LLC. substitutes Adam L. Pollack, State Bar No. 4518833 as counsel of record in place of Rika Khurdayan. So Ordered. *** Attorney Rika Khurdayan, terminated. (Signed by Judge Victor Marrero on 6/14/2021) (js) Modified on 6/14/2021 (js).
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Filing 79
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by KDH Consulting Group LLC..(Janove, Raphael)
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Filing 78
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by KDH Consulting Group LLC..(Janove, Raphael)
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Filing 77
NOTICE OF APPEARANCE by Adam Lewis Pollock on behalf of KDH Consulting Group LLC..(Pollock, Adam)
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Filing 76
NOTICE OF APPEARANCE by Raphael Janove on behalf of KDH Consulting Group LLC..(Janove, Raphael)
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Filing 75
CASE MANAGEMENT PLAN: This case (is) to be tried to a jury. Amended Pleadings due by 7/1/2021. Joinder of Parties due by 7/1/2021. Deposition due by 9/24/2021. Fact Discovery due by 9/24/2021. Case Management Conference set for 10/8/2021 at 02:00 PM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 5/24/2021) (kv)
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Filing 74
PROPOSED CASE MANAGEMENT PLAN. Document filed by Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P...(Boller, Robert)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #72 Order on Motion for Disbursement of Funds,,,, dated 4/7/2021, from Judge Victor Marrero, on 4/22/2021 disbursed to pay Iterative Capital Management LP $17,930.00 Check No. 23522720 dated 4/22/2021.(cla)
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Filing 73
ENDORSED LETTER: addressed to Judge Victor Marrero from Rika Khurdayan dated 4/26/2021 re: Extension of the May 7, 2021, due date for the parties to submit a joiunt letter nd Case Management Plan. ENDORSEMENT: Request GRANTED. The joint letter and proposed Case Management Plan are hereby due no later than May 21, 2021. SO ORDERED. (Signed by Judge Victor Marrero on 4/28/2021) (ama)
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Filing 72
DECISION AND ORDER granting in part #54 Motion for Disbursement of Funds. Accordingly, for the reasons stated above, it is hereby ORDERED that the motion filed by Defendants Iterative Capital Management L.P.; Iterative Capital GP, LLC; Iterative OTC, LLC; Iterative Mining, LLC; Brandon Buchanan; and Christopher Dannen to recover the bond posted by Plaintiff KDH Consulting Group LLC ("KDH") pursuant to Rule 65(c) of the Federal Rules of Civil Procedure (Dkt. No. 54) is GRANTED in part, and the Clerk's Office is respectfully directed to deduct $17,930 from the bond posted by KDH in KDH Consulting Group v. Iterative Capital Management, LP, 20 Civ. 3274, and to promptly disburse those funds to Defendants; and it is further ORDERED that the motion filed by KDH for return of its bond (Dkt. No. 35) is GRANTED in part, and the Clerk's Office is respectfully directed to return to KDH the remainder of the bond posted by KDH in this case once $17,930 has been deducted as explained above. (Signed by Judge Victor Marrero on 4/7/2021) (mro) Transmission to Finance Unit (Cashiers) for processing.
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Filing 71
ORDER: The parties are directed to submit a joint letter no later than May 7, 2021 addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the prospect for settlement; and (4) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action. The parties are also directed to submit a completed Case Management Plan. The Case Management Plan must provide that discovery is to be completed within four months unless otherwise permitted by the Court. A model Case Management Plan is available on the Court's website: https://nysd.uscourts.gov/hon-victor-marrero. Submissions must be made in accordance with Judge Marrero's Emergency Individual Rules and Practices in Light of COVID-19, available at the Court's website. (Signed by Judge Victor Marrero on 4/7/2021) (mro)
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Filing 70
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P...(Livingston, Julia)
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Filing 69
ANSWER to #40 Amended Complaint,. Document filed by Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P...(Livingston, Julia)
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Filing 68
ORDER denying #66 Letter Motion for Leave to File Document; terminating #66 Letter Motion for Conference re: #66 LETTER MOTION for Leave to File Order to Show Cause addressed to Judge Victor Marrero from Rika Khurdayan dated March 24, 2021. LETTER MOTION for Conference addressed to Judge Victor Marrero from Rika Khurdayan dated March 24, 2021. Accordingly, it is hereby ORDERED that the letter motion filed by Plaintiff KDH Consulting Group LLC ("KDH") for leave to seek the immediate return of KDH's pro rata share of the Funds assets by an order to show cause (Dkt. No. 66) is DENIED. So Ordered.. (Signed by Judge Victor Marrero on 3/25/2021) (js)
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Filing 67
LETTER MOTION to Compel order to show cause for mandatory injunction requiring distribution of assets addressed to Judge Victor Marrero from Robert J. Boller dated March 25, 2021. Document filed by Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC. (Attachments: #1 Exhibit A - Allocation of Management Fees, #2 Exhibit B - Withdrawal of Interests of Partners).(Boller, Robert)
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Filing 66
LETTER MOTION for Leave to File Order to Show Cause addressed to Judge Victor Marrero from Rika Khurdayan dated March 24, 2021., LETTER MOTION for Conference addressed to Judge Victor Marrero from Rika Khurdayan dated March 24, 2021. Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit, #2 Exhibit).(Khurdayan, Rika)
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Filing 65
DECISION AND ORDER: Accordingly, for the reasons stated above, it is hereby ORDERED that the motion so deemed by the Court as filed by defendants Iterative Capital Management L.P., Iterative Capital GP, LLC, Iterative OTC, LLC, Iterative Mining, LLC, Brandon Buchanan, and Christopher Dannen ("Defendants") to dismiss the complaint of plaintiff KDH Consulting Group LLC ("KDH") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 47) is DENIED IN PART and GRANTED IN PART as set forth above. In particular, Count One is DISMISSED IN PART, with prejudice, only insofar as it relies on misstatements that postdate KDH's January 2018 investment, and all claims against Iterative OTC, LLC and Iterative Mining, LLC are DISMISSED. SO ORDERED., Iterative Mining, LLC and Iterative OTC, LLC terminated. (Signed by Judge Victor Marrero on 3/23/2021) (ama)
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Terminate Transcript Deadlines (ama)
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Filing 64
MANDATE of USCA (Certified Copy) as to #62 Notice of Interlocutory Appeal filed by KDH Consulting Group LLC USCA Case Number 20-4292. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/12/2021. (tp)
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Transmission of USCA Mandate/Order to the District Judge re: #64 USCA Mandate. (tp)
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Filing 63
ORDER denying #35 Letter Motion for Conference. Accordingly, it is hereby ORDERED that the letter motion filed by Plaintiff KDH Consulting Group LLC ("Plaintiff") for return of the bond posted by it pursuant to Rule 65(c) of the Federal Rules of Civil Procedure (Dkt. No. 35), as well as the renewed motion filed by Defendants Iterative Capital Management L.P.; Iterative Capital GP, LLC; Iterative OTC, LLC; Iterative Mining, LLC; Brandon Buchanan; and Christopher Dannen to recover this bond (Dkt. No. 54) is held in abeyance pending a decision in the above-listed appeal. Plaintiff's request for a conference is DENIED. So Ordered.. (Signed by Judge Victor Marrero on 2/16/2021) (js)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #62 Notice of Interlocutory Appeal. (tp)
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Appeal Fee Paid electronically via Pay.gov: for #62 Notice of Interlocutory Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-23262388, paid on 12/29/2020. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #62 Notice of Interlocutory Appeal filed by KDH Consulting Group LLC were transmitted to the U.S. Court of Appeals. (tp)
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Filing 62
NOTICE OF INTERLOCUTORY APPEAL from #53 Memo Endorsement,. Document filed by KDH Consulting Group LLC. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Khurdayan, Rika)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Khurdayan, Rika to RE-FILE Document No. #61 Notice of Interlocutory Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)
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Filing 61
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by KDH Consulting Group LLC. Filing fee $ 505.00, receipt number ANYSDC-23262388. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Khurdayan, Rika) Modified on 12/30/2020 (nd).
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Filing 60
LETTER RESPONSE in Opposition to Motion addressed to Judge Victor Marrero from Rika Khurdayan dated 12/27/2020 re: #54 MOTION for Disbursement of Funds From TRO Security To Defendants. . Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 59
ENDORSED LETTER: addressed to Judge Victor Marrero from Rika Khurdayan, Esq. dated 12/16/2020 re: Plaintiff respectfully requests a 10-day extension to respond to the Second Motion. ENDORSEMENT: Request GRANTED. Plaintiff's response to Defendants' renew motion to recover is hereby due on December 28, 2020. SO ORDERED., ( Responses due by 12/28/2020) (Signed by Judge Victor Marrero on 12/16/2020) (ama)
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Filing 58
MEMO ENDORSEMENT with respect to #54 Motion to Recover costs and damages from the TRO Security posted by Plaintiff. ENDORSEMENT: Plaintiff is hereby directed to respond by December 18, 2020, by letter not to exceed 3 pages, to the matter set forth above by Defendants in the above motion and its supporting documents. So Ordered. (Signed by Judge Victor Marrero on 12/14/2020) (js)
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Filing 57
DECLARATION of Robert Boller in Support re: #54 MOTION for Disbursement of Funds From TRO Security To Defendants.. Document filed by Iterative Capital Management L.P.. (Attachments: #1 Exhibit Ex. A).(Boller, Robert)
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Filing 56
AFFIRMATION of Brandon Buchanan in Support re: #54 MOTION for Disbursement of Funds From TRO Security To Defendants.. Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 55
MEMORANDUM OF LAW in Support re: #54 MOTION for Disbursement of Funds From TRO Security To Defendants. . Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 54
MOTION for Disbursement of Funds From TRO Security To Defendants. Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 53
MEMO ENDORSEMENT on re: #52 Letter filed by Iterative Capital Management L.P. ENDORSMENT: Request GRANTED. Defendants are hereby granted leave to renew their motion to recover. SO ORDERED. (Signed by Judge Victor Marrero on 11/30/2020) (ks)
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Filing 52
LETTER addressed to Judge Victor Marrero from Iterative Capital Management, L.P. dated 11/27/2020 re: Response to Plaintiff's November 19, 2020 Letter. Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 51
ENDORSED LETTER addressed to Judge Victor Marrero from Rika Khurdayan, Esq. dated 11/19/2020 re: Regard to the return of Plaintiff TRO bond. ENDORSEMENT: Defendants are directed to respond to Plaintiff's request and indicate whether a renew motion to recover is contemplated. Defendants' response is due by November 27, 2020. SO ORDERED. (Signed by Judge Victor Marrero on 11/23/2020) (ama)
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Filing 50
NOTICE of Law Firm Name Change. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 49
ORDER denying #41 Motion for Disbursement of Funds. Accordingly, for the reasons stated above, it is hereby ORDERED that the motion filed by Defendants Iterative Capital Management L.P.; Iterative Capital GP, LLC; Iterative OTC, LLC; Iterative Mining, LLC; Brandon Buchanan; and Christopher Dannen to recover the bond posted by Plaintiff KDH Consulting Group LLC pursuant to Rule 65(c) of the Federal Rules of Civil Procedure (Dkt. No. 41) is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 11/9/2020) (kv)
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Filing 48
LETTER addressed to Judge Victor Marrero from Rika Khurdayan dated August 17, 2020 re: Response to Defendants' Letter re: Motion to Dismiss Plaintiff's First Amended Complaint. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 47
LETTER addressed to Judge Victor Marrero from Defendants dated 8/10/2020 re: Motion to Dismiss Plaintiff's First Amended Complaint. Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 46
MEMORANDUM OF LAW in Opposition re: #41 MOTION for Disbursement of Funds From TRO Security To Defendants. . Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 45
DECLARATION of Rika Khurdayan in Opposition re: #41 MOTION for Disbursement of Funds From TRO Security To Defendants.. Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit A).(Khurdayan, Rika)
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Filing 44
MEMO ENDORSED with respect to #41 MOTION TO RECOVER COSTS AND DAMAGES FROM THE TRO SECURITY POSTED BY PLAINTIFF: ENDORSEMENT: Plaintiff is directed to respond within five days of the date of this Order. So Ordered. (Signed by Judge Victor Marrero on 7/30/2020) (js)
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Filing 43
MEMORANDUM OF LAW in Support re: #41 MOTION for Disbursement of Funds From TRO Security To Defendants. . Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 42
AFFIDAVIT of Brandon Buchanan in Support re: #41 MOTION for Disbursement of Funds From TRO Security To Defendants.. Document filed by Brandon Buchanan..(Boller, Robert)
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Filing 41
MOTION for Disbursement of Funds From TRO Security To Defendants. Document filed by Iterative Capital Management L.P.. Return Date set for 8/20/2020 at 10:00 AM. (Attachments: #1 Affidavit Decl. of Brandon Buchanan).(Boller, Robert)
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Filing 40
FIRST AMENDED COMPLAINT amending #20 Complaint against Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC with JURY DEMAND.Document filed by KDH Consulting Group LLC. Related document: #20 Complaint..(Khurdayan, Rika)
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Filing 39
ORDER: Accordingly, it is hereby ORDERED that plaintiff KDH Consulting Group LLC show cause why Counts Five through Twelve of its complaint (Dkt. No. 20) should not be dismissed without prejudice to refiling such claims in state court within twenty days of the Court's Order dated June 29, 2020 (Dkt. No. 37). SO ORDERED. (Signed by Judge Victor Marrero on 7/14/2020) (jca)
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Filing 38
LETTER addressed to Judge Victor Marrero from Rika Khurdayan dated July 10, 2020 re: dismissal of certain claims without prejudice to bring them in a state court.. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 37
DECISION AND ORDER: granting in part and denying in part #29 Letter Motion for Leave to File Document; granting in part and denying in part #33 Letter Motion for Conference. Accordingly, hereby for the reasons stated above, it is ORDERED that the motion so deemed by the Court as filed by defendants Iterative Capital Management L.P., Iterative Capital GP, LLC, Iterative OTC, LLC, Iterative Mining, LLC, Brandon Buchanan, and Christopher Dannen ("Defendants") to dismiss the complaint (0kt. No. 20) of plaintiff KOH Consulting Group LLC ("KOH") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and for forum non conveniens (0kt. Nos. 29, 33) is DENIED IN PART and GRANTED IN PART as set forth above, and it is further hereby ORDERED that KOH file an amended complaint for Counts One and Two or, in the alternative, notify the Court that it wishes to rest on the complaint as filed, within twenty days of the date of this Order, and it is further hereby ORDERED that KOH show cause why Counts Three through Twelve should not be dismissed with prejudice within twenty days of the date of this Order, and it is further hereby ORDERED that Defendants move for costs, or notify the Court that they will not seek costs, within thirty days of the date of this Order. So Ordered.. (Signed by Judge Victor Marrero on 6/27/2020) (js) Modified on 6/29/2020 (js).
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Filing 36
LETTER addressed to Judge Victor Marrero from Iterative Capital Management, L.P. dated 06/24/2020 re: Response to Plaintiff's June 22, 2020 Letter. Document filed by Iterative Capital Management L.P...(Boller, Robert)
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Filing 35
LETTER MOTION for Conference RE release of TRO security addressed to Judge Victor Marrero from Rika Khurdayan dated June 22, 2020. Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Khurdayan, Rika)
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Filing 34
LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Rika Khurdayan dated June 19, 2020 re: #33 LETTER MOTION for Conference addressed to Judge Victor Marrero from Iterative Capital Management, L.P. dated 06/18/2020. . Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit 1).(Khurdayan, Rika)
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Filing 33
LETTER MOTION for Conference addressed to Judge Victor Marrero from Iterative Capital Management, L.P. dated 06/18/2020. Document filed by Iterative Capital Management L.P.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex/ B).(Boller, Robert)
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Filing 32
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 31
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2020 before Judge Victor Marrero. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020..(McGuirk, Kelly)
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Filing 30
LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Rika Khurdayan dated May 27, 2020 re: #29 FIRST LETTER MOTION for Leave to File Motion To Dismiss Complaint addressed to Judge Victor Marrero from Iterative Capital Management, L.P. dated 05/20/2020. . Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 29
FIRST LETTER MOTION for Leave to File Motion To Dismiss Complaint addressed to Judge Victor Marrero from Iterative Capital Management, L.P. dated 05/20/2020. Document filed by Iterative Capital Management L.P.. Return Date set for 5/27/2020 at 05:00 PM..(Boller, Robert)
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Filing 28
DECISION AND ORDER: Accordingly, it is hereby ORDERED that defendants' motion so deemed by the Court as described above (Dkt. No. 14) to dissolve the Temporary Restraining Order (Dkt. No. 9) dated April 27, 2020 pursuant to Federal Rule of Civil Procedure 65(b)(4) is GRANTED. SO ORDERED. (Signed by Judge Victor Marrero on 5/20/2020) (js)
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Filing 27
DECLARATION of Wayne Hatami in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Khurdayan, Rika)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC..(pc)
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Filing 25
REQUEST FOR ISSUANCE OF SUMMONS as to Iterative Capital Management L.P., Iterative Capital GP, LLC, Iterative OTC, LLC, Iterative Mining, LLC, Brandon Buchanan and Christopher Dannen., re: #20 Complaint. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rika Khurdayan, I to RE-FILE Document No. #24 Request for Issuance of Summons. The filing is deficient for the following reason(s): the docket entry text must list all of the party names whom summons is for;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Filing 24
FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to see attached Rider, re: #20 Complaint. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika) Modified on 5/18/2020 (jgo).
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Filing 23
STIPULATION AND ORDER: IT IS HEREBY ORDERED that the Parties shall adhere to the following terms: Plaintiff shall publicly file the Hatami Declaration and all of its exhibits (Dkt. No. 8) via the Electronic Case Filing System, redacting the Parties' personal identification information ("PII") (e.g., social security numbers, financial account numbers, passwords, and information that may be used for identity theft), including personal emails. 2. In the event that a Party subsequently notices any unredacted PII among the documents filed publicly, such Party shall immediately notify the filing Party of the same and cooperate with the filing Party to address and remedy the public filing. Nothing herein shall preclude the Parties from asserting legal claims or constitute a waiver of legal rights or defenses in the event of litigation arising out of the filing person's failure to appropriately protect PII from unauthorized disclosure. Plaintiff is directed to file the redacted version of the Hatami Declaration and its exhibits no later than five (5) days from the date of this order. So Ordered (Signed by Judge Victor Marrero on 5/14/2020) (js)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rika Khurdayan to RE-FILE Document No. #21 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 22
PROPOSED STIPULATION AND ORDER. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 21
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to each Defendant, re: #20 Complaint. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika) Modified on 5/14/2020 (pc).
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Filing 20
COMPLAINT against Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC. Document filed by KDH Consulting Group LLC..(Khurdayan, Rika)
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Filing 19
ORDER: Accordingly, it is hereby ORDERED that by Wednesday, May 13, 2020, the parties submit a proposed protective order to the Court. If the parties do not agree on the terms of such an order by May 13, 2020, Defendants are directed to inform the Court which portions of the Hatami Declaration and its exhibits that they believe should be sealed. So Ordered.SO ORDERED (Signed by Judge Victor Marrero on 5/10/2020) (js)
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Filing 18
ORDER granting #14 Letter Motion for Oral Argument. Accordingly, it is hereby ORDERED that defendants' motion so deemed by the Court as described above to dissolve the Temporary Restraining. Order dated April 27, 2020 pursuant to Federal Rule of Civil Procedure 65(b)(4) is GRANTED; and it is further ORDERED that the preliminary injunction hearing scheduled for May 11, 2020, at 10:00 a.m. is adjourned. The parties are directed to confer and to develop and submit to the Court a proposed case management plan and proposed protective order. SO ORDERED. (Signed by Judge Victor Marrero on 5/5/2020) (js)
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Minute Entry for proceedings held before Judge Victor Marrero: Motion Hearing held on 5/5/2020 re: #14 LETTER MOTION for Oral Argument with Regard to April 27, 2020 TRO addressed to Judge Victor Marrero from Robert J. Boller dated 5/1/2020. filed by Brandon Buchanan, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC, Christopher Dannen. Rika Khurdayan present for Plaintiff. Robert Boller and Lawrence Gerschwer present for Defendants. The Court granted Defendants' motion to dissolve the TRO. A decision will follow. The Court directed the parties to confer and to develop and submit to the Court a proposed case management plan and proposed protective order.(Court Reporter Martha Martin) (sm)
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Filing 17
LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Rika Khurdayan dated May 4, 2020 re: #14 LETTER MOTION for Oral Argument with Regad to April 27, 2020 TRO addressed to Judge Victor Marrero from Robert J. Boller dated 5/1/2020. . Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit A).(Khurdayan, Rika)
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Filing 16
ORDER: It is hereby ordered that subparagraph (d) on page 2 and subparagraph (e) on pages 3-4 of the Court's Order to Show Cause dated April 27, 2020 (Dkt. No. 9), both relating to the production of books and records specified in Plaintiffs Demand to Inspect Books and Records dated April 14, 2018, are suspended. The Court will address the matter at the teleconference scheduled for Tuesday, May 5, 2020, at 4:00p.m.SO ORDERED: (Signed by Judge Victor Marrero on 5/1/2020) (js)
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Filing 15
ORDER with respect to #14 Letter Motion for Oral Argument. Plaintiffs are directed to respond to Defendants' letter submission by close of business on Monday, May 4, 2020. The Court will hold a teleconference on Tuesday May 5, 2020, at 4:00 p.m. to discuss the issues set forth in the parties submissions. The parties are directed to dial 888-363-4749 (International callers dial 215-446-3662), access code 8392198, at that time. So Ordered. (Signed by Judge Victor Marrero on 5/1/2020) (js)
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Filing 14
LETTER MOTION for Oral Argument with Regad to April 27, 2020 TRO addressed to Judge Victor Marrero from Robert J. Boller dated 5/1/2020. Document filed by Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC. Return Date set for 5/1/2020 at 04:00 PM..(Boller, Robert)
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Filing 13
NOTICE OF APPEARANCE by Robert James Boller on behalf of Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC..(Boller, Robert)
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Filing 12
NOTICE OF APPEARANCE by Lawrence Gerschwer on behalf of Brandon Buchanan, Christopher Dannen, Iterative Capital GP, LLC, Iterative Capital Management L.P., Iterative Mining, LLC, Iterative OTC, LLC..(Gerschwer, Lawrence)
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Set/Reset Hearings: Telephone Conference set for 5/5/2020 at 04:00 PM before Judge Victor Marrero. (js)
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Set/Reset Deadlines as to #14 LETTER MOTION for Oral Argument with Regad to April 27, 2020 TRO addressed to Judge Victor Marrero from Robert J. Boller dated 5/1/2020.. Responses due by 5/4/2020 (js)
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CASHIERS OFFICE REGISTRY DEPOSIT as per #9 Order to Show Cause, dated 4/27/2020, from Judge Colleen McMahon, received $20,000.00 from KDH Consulting Group LLC Receipt Number 465400142 on 4/28/2020. (cde)
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Filing 11
ORDER: In light of the ongoing public health emergency, the hearing scheduled to take place before the Honorable Victor Marrero on Monday, May 11, 2020, at 10:00 a.m., will take place by teleconference. (See Dkt. No. 9.) The parties are directed to use the following dial-in: (888) 363-4749 (international callers dial (215) 446-3662), access code 8392198. The parties are further directed to review the Court's Emergency Individual Rules and Practices in Light of COVID- 19, available on the Court's website: https://nysd.uscourts.gov/hon-victor-marrero. So Ordered (Signed by Judge Victor Marrero on 4/28/2020) (js)
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***DELETED DOCUMENT. Deleted document number #11 Order. The document was incorrectly filed in this case. (js)
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Set/Reset Hearings: Telephone Conference set for 5/11/2020 at 10:00 AM before Judge Victor Marrero. (js)
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Filing 10
ORDER TEMPORARILY GRANTING LETTER MOTION TO SEAL, WITH INSTRUCTIONS FOR PROVIDING FURTHER INFORMATION TO THE PRESIDING JUDGE FOR HIS CONSIDERATION BY MAY 6, 2020 granting #7 Motion to Seal. This newly-filed matter was wheeled out to The Hon Victor Marrero, who is not at the courthouse today. I have, therefore, been asked to consider whether to grant a letter motion asking permission to file certain TRO exhibits under seal. The right of public access to court documents is one of constitutional dimension. Therefore, a party seeking to file documents under seal has a heavy burden to demonstrate that there is some reason why the public should not have full access to all publicly-filed documents. The letter motion does not make nearly the sort of showing that would permit a federal district court to seal key portions of the record in support of the temporary restraining order sought by the plaintiffs. The letter says that certain documents relating to plaintiffs investment "may" contain confidential and sensitive information, and that Plaintiff "may" be bound by unspecified terms in a limited partnership agreement to keep certain matters about the business of the limited partnership confidential (an obligation, if it exists, that likely does not extend to wrongdoing by the general partner, but in the end that is not for me to decide). Were this matter assigned to me I would likely deny the motion. As I am sitting in Part I and looking at another judge's case, however, the prudent course is for me to direct that the exhibits be filed under seal for no more than ten days. During that period, the plaintiff must file with Judge Marrero copies of the relevant exhibits that are redacted, together with an explanation, for each redaction, of why it is that the information contained therein cannot be publicly disclosed - with citation to any agreements between the parties, and understanding that the court is not bound by any of those agreements. The assigned judge can then decide for himself, on a redaction by redaction basis, whether there is any material that should be filed permanently under seal. Judge Marrero will by that time be far more familiar with the record and better able than I am today to judge whether there is any merit in the instant letter motion. The motion is granted only to the extent of allowing the exhibits to be filed under seal until May 6, 2020. (Signed by Judge Colleen McMahon on 4/27/2020) Copies sent by Chambers by ECF to all Counsel (ks) Modified on 4/28/2020 (ks).
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Filing 9
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: LET Defendants Iterative Capital Management L.P., Iterative Capital GP, LLC, Iterative OTC, LLC, Iterative Mining, LLC, Brandon Buchanan and Christopher Dannen ("Defendants") and all other interested persons, or their attorneys, SHOW CAUSE BEFORE THIS COURT at the United States Courthouse located at Moynihan Courthouse, 500 Pearl Street, New York, New York, 10017, Room 11B, on May 11, 2020, at 10 A.m, or as soon as thereafter as counsel may be heard, which hearing may, at the instruction of Judge Marrero, be held telephonically or by video. As further set forth herein. IT IS FURTHER ORDERED that a copy of this Order to Show Cause and the papers on which it is based, shall be served upon on or before April 29, 2020, by personal delivery, facsimile, overnight courier, mail to Defendants' attorney William F. Mongan, Esq. of Akin Gump Strauss Hauer & Feld, LLP, at One Bryant Park, New York, New York, 10036 and by email to wmongan@AKINGUMP.com and to Defendants' principals by email at partners@iterative.capital. IT IS FURTHER ORDERED that Defendants shall deliver any opposing papers in response to the Order to Show Cause no later than May 6, 2020, at 5:00 p.m. as further set forth. Plaintiff shall have until May 8, 2020 at 5:00 p.m., to serve, by the most expeditious means available, any reply papers upon Defendants or their counsel, if counsel shall have made an appearance in this action. (Signed by Judge Colleen McMahon on 4/27/2020) Show Cause Hearing set for 5/11/2020 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. Show Cause Response due by 5/6/2020. (ks) .
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Filing 8
***EX-PARTE***DECLARATION of Wayne Hatami in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)Motion or Order to File Under Seal: #7 .(Khurdayan, Arevik)
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Filing 7
LETTER MOTION to Seal TRO Supporting Documents addressed to Judge Victor Marrero from Rika Khurdayan dated April 27, 2020. Document filed by KDH Consulting Group LLC..(Khurdayan, Arevik)
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Filing 6
DECLARATION of Rika Khurdayan in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by KDH Consulting Group LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Ex. C, #4 Exhibit Ex. D).(Khurdayan, Arevik)
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Filing 5
MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief . Document filed by KDH Consulting Group LLC..(Khurdayan, Arevik)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by KDH Consulting Group LLC..(Khurdayan, Arevik) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KDH Consulting Group LLC..(Khurdayan, Arevik)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Khurdayan, Arevik) Modified on 4/27/2020 (jgo).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY AND SIGNATURE ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-19598374)Document filed by KDH Consulting Group LLC..(Khurdayan, Arevik) Modified on 4/27/2020 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Arevik Khurdayan to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Select each defendant individually by holding the 'Ctrl' or 'Command' key on the keyboard; the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Arevik Khurdayan. The party information for the following party/parties has been modified: KDH Consulting Group LLC; Iterative OTC, LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Arevik Khurdayan. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Arevik Khurdayan to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed by the filing attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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